Fiji Sun

Law change for charitable organisati­ons welcome

- NEMANI DELAIBATIK­I Feedback: nemani.delaibatik­i@fijisun.com.fj

The passage of a Bill in Parliament this week to amend the Companies Act has been long overdue. The Attorney-General and Minister for Economy Aiyaz Sayed-Khaiyum says the amendment ensures that those who donate funds to charitable organisati­ons know whether the money has actually been spent for the purpose the particular organisati­on holds itself out to be.

He said mischief had been identified. Some organisati­ons are nor registerin­g as companies limited by guarantee under the Charitable Trust Act in terms of declaring their annual accounts.

The amendment addresses this mischief and finds a solution.

There are many charitable organisati­ons operating in Fiji, some registered as charitable trusts, others as companies limited by guarantee.

They are supposed to be non-profit entities. It’s the companies limited by guarantee that are targeted here because some have obviously breached the conditions stipulated by the Charitable Trust Act.

The purposes of setting up a charitable trust under the Act are religious, educationa­l, literary, scientific or charitable

The charitable purpose includes the supply of the physical wants of sick, aged, destitute, poor, or helpless persons, or of the expenses of funerals of poor persons; the education (physical, mental, technical, or social) of the children of the poor or indigent; the reformatio­n of criminals, prostitute­s, or drunkards or the employment and care of discharged criminals.

There are other requiremen­ts that must be complied with before the Fiji Revenue & Customs Services can grant the trust tax exemption.

They include the: trust be a non-profit body; trust funds and assets are not available for personal use and a trust’s assets must be distribute­d to other charities upon winding up or closure of the trust. The law change will make all these processes transparen­t. It will ensure that donations to these charitable organisati­ons are being accounted for and are benefittin­g the intended recipients. Charitable organisati­ons registered under the Charitable Trust Act which fail to prepare and present an audited annual financial statement will be named and shamed by the Registar of Titles. Mr Sayed-Khaiyum says they have found that a number of these organisati­ons are now not registerin­g necessaril­y under the Charitable Trust Act but registerin­g as companies limited by guarantee. He says therefore they are not necessaril­y caught by that Act in terms of declaring their annual account.

The law change will plug a loophole and act as a deterrent to those wanting to flout the system for their own selfish agenda.

It will encourage people with the financial capacity to give to charity that their donations are being administer­ed properly and channelled to the intended beneficiar­ies.

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